1.
Why do I need a lawyer when the insurance
company has offered to pay my medical bills?
2.
My friend knows a lawyer that drafted a
will for him several years ago. Why can't that lawyer
represent me in my personal injury case?
3.
What should I look for in choosing a lawyer
to represent me?
4.
How can I afford a lawyer?
5.
Will I have to put up any money to get started?
6.
Isn't it expensive to pursue a claim involving
serious injuries, medical malpractice, or a defective
product?
Who pays for the out-of-pocket expenses to prosecute
my case?
7.
What is my case worth?
8.
I'm not the "suing" type. Is there any way
my claim can be resolved without actually filing a lawsuit?
9.
Will my case go to trial if we do have to
file suit?
10.
I've heard that jury awards are more conservative
than they used to be, and that the large verdicts I read
about in the newspaper are unusual. Is this true?
1.
Why do I need a lawyer when the insurance company has
offered to pay my medical bills?
Florida
law provides for an injured person to be compensated or
made whole by the responsible party. Obviously, the extent
of compensation will vary depending on the specific facts
of a case. In many cases, however, full compensation may
include elements of damage other than payment of medical
bills, such as payment for pain and suffering, mental
anguish, loss of ability to enjoy life, lost wages and
diminished earning capacity. This is why early consultation
with a lawyer experienced in personal injury cases can
help you obtain the maximum recovery allowed by the law.
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2.
My friend knows a lawyer that drafted a will for him several
years ago. Why can't that lawyer represent me in my personal
injury case?
Personal
injury claims are often brought against parties who are
represented by adjusters and defense lawyers hired by
insurance companies. Every insurance company works hard
to keep its losses as low as possible, and they do that
by aggressively defending claims. You can expect that
your opposition will be represented by an attorney with
a great deal of experience in personal injury defense.
You should hire a lawyer with experience in pursuing personal
injury claims, who can best protect your interests.
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3.
What should I look for in choosing a lawyer to represent
me?
Before
hiring a lawyer, you should research the law firm and
lawyers you are considering to represent you. Ask for
information about the lawyer's education, training and
experience, and ask the lawyer to tell you about his/her
experience in dealing with cases similar to yours. Ask
about the lawyer's trial and courtroom experience, and
assure yourself that if your case goes to trial, your
lawyer has the knowledge and experience to take you there.
Ask the lawyer to go over the attorney's fee contract
with you in detail, and be sure you understand how the
lawyer's fees and costs will be paid at the end of the
case.
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4.
How can I afford a lawyer?
Most
trial lawyers are willing to handle personal injury cases
on a contingency fee basis. This means that the lawyer
will not charge you a fee for his time unless there is
a recovery. If a recovery is made, then the attorney's
fee is based on an agreed percentage of the gross amount
recovered. The lawyers at BAILEY & MYERS charge
contingency fees in accordance with the Florida Supreme
Court guidelines, typically 33-1/3% in a case that is
settled before the need for a lawsuit arises, and 40%
when a lawsuit becomes necessary and is contested. The
contingent attorney's fee does not include the costs of
pursuing a claim, which may range from just a few hundred
dollars to tens or even hundreds of thousands of dollars.
These costs are payable separately, and not as a part
of the contingent fee. Although many law firms may require
you to pay these costs in advance, at BAILEY & MYERS
we understand that the consequences of an injury make
it difficult, if not impossible, for our clients to advance
the costs of a case. In most cases, we pay the costs,
and simply ask to be reimbursed at the conclusion of a
case when your recovery is received.
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5.
Will I have to put up any money to get started?
Typically,
no. The majority of cases we handle involve a contingency
fee contract. That means we do not get paid unless and
until our client makes a recovery. In some unique circumstances,
we will represent a client on an hourly-fee basis, if
the case calls for such an arrangement. In either case,
the fee and cost agreement you have with our firm will
be explained to you in detail before we begin pursuit
of your claim.
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6.
Isn't it expensive to pursue a claim involving serious
injuries, medical malpractice, or a defective product?
Who pays for the out-of-pocket
expenses to prosecute my case?
Indeed,
it can be very expensive to pursue claims involving serious
injuries, medical malpractice and defective products.
It is not uncommon for the costs in such cases to exceed
many tens of thousand dollars. At BAILEY & MYERS
we understand that the expenses of pursuing significant
cases can be substantial. Accordingly, we have positioned
ourselves to be able to advance the costs necessary to
prepare cases properly for trial. Ultimately, out-of-pocket
expenses are a client's responsibility in a successfully-concluded
case. While a case is pending, we generally advance the
expenses incurred during our representation. If and when
the case reaches a successful conclusion, the costs we
have expended are returned to us out of your recovery.
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7.
What is my case worth?
Every
case is unique. Before an accurate determination of the
value of your personal injury case can be made, your doctors
must have determined that you have reached maximum medical
improvement, and we must have a thorough understanding
of your course of medical treatment, your current condition
and your future prognosis. Additionally, we must have
had an opportunity to completely investigate the details
of the accident, and analyze the impact that the accident
has had on your wage-earning ability and on your lifestyle.
Only then can an experienced and knowledgeable personal
injury attorney accurately determine the value of your
case. You should be wary of any law firm that purports
to put a specific value on your claim before having an
opportunity to learn all of the relevant facts and determine
the impact that the accident will have on your future.
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8.
I'm not the "suing" type. Is there any way my claim can
be resolved without actually filing a lawsuit?
You
should know that the vast majority of personal injury
claims are resolved before a jury reaches a verdict at
trial. Many cases are settled even before a lawsuit must
be filed. The ultimate decision about whether to file
a lawsuit at all is the client's. At BAILEY & MYERS
we are committed to helping our clients reach a satisfactory
conclusion to their claim, whether by a lawsuit and trial,
or by some alternative means. Our lawyers are experienced
in alternative dispute resolution procedures, such as
mediation and arbitration, that can avoid the need to
file a lawsuit altogether. In all cases, we take the time
to explain to our clients the alternatives available,
including the risks and advantages of each, so that our
clients can make an informed decision that is best for
his or her individual circumstances.
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9.
Will my case go to trial if we do have to file suit?
It
is well-documented that most lawsuits that are filed are
settled before trial. Regardless, we prepare every case
as if it might ultimately be decided by a jury. We believe
in being prepared in the event an agreement between the
parties cannot be reached. At the same time, our philosophy
is to aggressively pursue resolution of claims at all
stages in the case, so that the process does not become
unduly difficult, burdensome, or expensive for our clients,
and so that we obtain the best results possible.
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10.
I've heard that jury awards are more conservative than
they used to be, and that the large verdicts I read about
in the newspaper are unusual. Is this true?
Studies
show that verdict trends have moved in a more conservative
direction over the past several years, both with respect
to the probability of a verdict in the plaintiff's favor
and the amount of damages awarded. The popular media focus
on the unusual verdicts, and tend to sensationalize jury
awards that are exceptional. Do not be misled into thinking
that juries routinely award large amounts of money for
personal injury claims. The results in any case depend
on its particular facts and the effectiveness of your
legal representation.
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